HomeMy WebLinkAbout028-1001-80-000(3) r
�- � ST. CROIX COUNTY
WISCONSIN
------ � ZONING OFFICE
p 0 N M M N M�I w ■,.■� ST. CROIX COUNTY GOVERNMENT CENTER
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(715) 386-4680
September 16, 1994 File Ref: 49-94
Wahlquist Brothers
Route 2
595 200th Street
Baldwin, Wisconsin 54002
ATTN: Jeffrey, Charles and Robert
RE: Board of Adjustment Decision
Gentlemen:
The St. Croix County Board of Adjustment has reviewed your
application for a variance for a setback from a Class D Road and
has approved your application with conditions. The enclosed
document is the decision regarding your application.
If you have any questions with regard to the decision, please do
not hesitate in contacting me.
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Sincerely,
Thomas C. Nelson
Zoning Administrator
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Enclosure
cc: Delores Vrieze, Rush River Town Clerk
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FINDINGS, CONCLUSIONS, AND
DECISION OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 49-94
Complete Application Received: 7/25/94
Hearing Date: 8/26/94
Dates of Publication: Weeks of 8/8/94 and 8/15/94
I
FINDINGS OF FACT
Having heard all the testimony, considered the entire record
herein, and conducted an on-site inspection, the Board finds the
following facts:
1. The applicants are Jeffrey, Charles and Robert Wahlquist whose
address is Route 2 , 595 200th Street, Baldwin, Wisconsin
54002 .
2 . The applicants on July 25, 1994 filed with the Zoning Office
an application for a variance/setback from Class D Road to
construct a 20' x 40' steel silo to be 73 feet from the
centerline of 60th Avenue.
3 . The applicants are the owners of the property which is the
subject of the application which is located in the NW, of the
NW k of Section 1, T28N-R17W, Town of Rush River, St. Croix
County, Wisconsin.
4 . The subject property is presently used for farming.
5. The property is zoned Agricultural under the current Zoning
Code of the St. Croix County Zoning Ordinance.
6. The Town of Rush River supports the application. (See Exhibit
#2 . )
7 . Introduced as Exhibit #1 was a site plan. Wahlquists also
have a 42 ' x 112 ' 1 story barn 86 ' from the center of 60th
Street. They also have a 14 ' x 40' silo presently at this
site.
8 . It would be convenient for this silo to be placed close to the
feed room and they don't feel there is an alternate site for
a silo at this time. No silos will be needed closer to the
road. They presently milk 50 cows and have 8 to 10 dry at the
present time. They would not be expanding any bigger at this
time due to there not being enough room.
9 . A literal enforcement of the terms of the Zoning Code would
result in unnecessary hardship to the applicant because of the
economical impact and also the negative economic impact on the
ongoing farming operation.
10. The variance is requested due to limiting physical
characteristics of the property because of the placement of
the existing structures.
CONCLUSIONS OF LAW
The Board concludes that:
I
1. The Board of Adjustment has authority under Section
17 . 70 (5) (c) 3 to approve or deny an application for a variance.
2 . Section 17 . 64 (1) (d) 2 requires a setback from a Class D highway
of 133 feet from the centerline of said highway.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and
the record herein, the Board approves the variance for a setback
requirement from a Class D Road by the following vote:
Chairman Bradley Yes
T. Filipiak No
T. Dorsey Yes
J. Neuman Yes.
The application for construction of a 20' x 40' metal silo 73 ' from
the centerline of 60th Street is approved with the following
conditions:
1. This decision expires on 8/26/94 if the project is not
completed before then. No construction may begin or continue
after this date unless a decision extension is granted in
writing by the Zoning Office prior to the expiration date.
2 . This project must be completed according to the plans
submitted. Changes in the project must be submitted to the
Board of Adjustment. The Board of Adjustment then must
approve the changes in writing before the project starts or
continues.
3 . The applicants are responsible for obtaining any permit or
approval required for the project by municipal, town or county
zoning ordinances before starting the project.
4 . The applicants must provide confirmation to the Zoning Office
that they have completed the permit process with all other
regulatory agencies.
5 . The applicants must allow free and unlimited access to the
project site at any reasonable time to any Zoning Office
employee who is overseeing the project's construction,
operation, or maintenance.
6. The Board of Adjustment may change or revoke this decision if
the project becomes detrimental to the public interest.
7 . The applicants must keep a copy of this decision at the
project site at all times until the project has been
completed.
8 . Tom Nelson, Zoning Administrator, shall be notified prior to
beginning the project and upon completion of this project.
Call him at 715/386-4680 so that compliance inspections can be
made.
9 . The application has been approved with the understanding that
any construction equipment used is the right size to do the
job and can be brought to and removed from the project site
without unreasonable harm to vegetative cover.
10. Accepting this decision and beginning the project means that
the applicants have read, understand, and agree to follow all
conditions of this decision.
APPEAL RIGHTS
This decision may be appealed by any person aggrieved by it by
filing an action in certiorari in the circuit court of this County
within 30 days after the date of filing shown below. The County
assumes no liability for and makes no warranty as to the legality
of any construction commenced prior to the expiration of this 30-
day period or for identifying any person who may claim to be
aggrieved by the decision.
ZONING BOARD OF ADJUSTMENT
Signed
Chairperson
Attest
Zoning Administrator
Dated: 9/16/94
Filed: 9/16/94
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BOARD OF ADJUSTMENT MEETIN G AN D HEARING
St. Croix County Government Center, Hudson, Wisconsin
(This meeting was recorded by a court reporter. )
Friday, August 26, 1994
The meeting was called to order by Chairman Bradley at 9: 04 a.m.
A role call was made. All were present except for Jerry Neuman.
Dorsey made a motion to approve the agenda, seconded by Mehls.
Motion carried.
Thursday, September 22 , 1994 will be the date of the next meeting.
Jerry Neuman joined the Board at 9 : 05 a.m.
NEW BUSINESS:
Nelson read the notice of the hearing as published:
PUBLIC HEARING
The St. Croix County Board of Adjustment has scheduled a public
hearing or Friday, August 26 1994 at 9 : 00 a.m. at the Government
g Y, g ,
Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the
following appeals to the St. Croix County Zoning Ordinance. An on-
site investigation will be made of each site in question, after
which the board will return for the purpose of deliberating and
voting on the appeals.
1 . ARTICLE: 17 . 15 (6) (d) Contractor Storage Yard
APPELLANT: Asphalt Associates/Phil Linehan
LOCATION: SW'-„ SW=, , Section 8 , T28N-R18W, Town of Kinnickinnic
2 . ARTICLE: 17 . 15 (6) (d) Contractor Storage Yard
APPELLANT: Darrell Dunn
LOCATION: SE=, , NW%, , Section 30, T28N-R17W, Town of Pleasant
Valley
3 . ARTICLE: 17 . 155 (6) Major Home Occupation
APPELLANT: Larry K. and Karen D. Peterson
LOCATION: NW-'4 , NW; , Section 26, T29N-R17W, Town of Hammond
4 . ARTICLE: 17 . 18 ( 1) (r) Mini Commercial Storage Building
APPELLANT: Michael L. Cody
LOCATION: SE-, , SE%, , and the SW%, , SW%„ Section. 33 , T31N-R18W,
Town of Star Prairie
5 . ARTICLE: 17 . 70 (3) (c) 3 Temporary Occupancy Permit
17 . 64 (1) (d) Setback from Class D Road
APPELLANT: Roger and Renee Miller/Francis Mondor
LOCATION: SW' NW' Section 31 , T31N-R18W, Town of Star
Prairie
6. ARTICLE: 17 . 29 (2) (a) Filling and Grading on Bed of
Navigable Water
APPELLANT: Marion Potyondy, Donald Knea, Georgette Ehnstrom
and
Bill Knea
LOCATION: SW; , SE'; , Section 14 , T30N-R19W, Town of Somerset
7 . ARTICLE: 17 . 64 (1) (d) Setback from Class D Road
APPELLANT: Jeffrey, Charles and Robert Wahlquist
LOCATION: NW'; , NW , , Section 1, T28N-R17W, Town of Rush River
8 . ARTICLE: 17 . 29 (2) (a) Filling and Grading on Bed of
Navigable Water
APPELLANT: Jim Doornink/Jon-De Farm, Inc.
LOCATION: SE%, , NE'; , Section 23 , T28N-R17W, Town of Rush River
All interested persons are invited to attend said hearing and be
heard. Additional information may be obtained from the office of
the St. Croix County Zoning Administrator, Hudson, Wisconsin at
715/386-4680.
John Bradley, Chairman
St. Croix Co. Board of Adjustment
Chairman Bradley introduced the other members of the board as being
Tom Dorsey, Tim Filipiak, Jerry Neuman and Charles Mehls. Tom
Nelson, Zoning Administrator, was present to assist the board with
the introduction of the materials as well as recommendations as to
how the ordinances applied. On call was Corporation Counsel Greg
Timmerman.
Chairman Bradley explained the procedures of the hearing requesting
that individuals wishing to testify sign their name in the front of
the room on the sign up sheet provided.
Asphalt Associates/Phil Linehan
Nelson indicated that this is a request for a special exception use
permit for a contractor storage yard. Introduced as Exhibit #1 was
a site plan showing the location of the storage yard; Exhibit #2 ,
correspondence from the Town of Kinnickinnic stating they approve
this request; Exhibit #3 , letter from Linda and Larry Meyers to Tom
Nelson stating their concerns about this application.
Brent A. Weiss, and Tom Shermon, being duly sworn, stated that the
property is owned by Phil Linehan, Mr. Weiss' brother-in-law.
Weiss and Shermon have been in business together for 8 years.
They moved to the Linehan residence with their business as Weiss
would also like to add on to the barn and farm as well . The
building would be put up for the asphalt business as well as to
store some farm equipment. They would be using the storage yard
for 6 months out of the year. They have 6 full-time employees, 7
dump trucks, trailers and pavers. They have always had their
business in the Town of Kinnickinnic. Phil Linehan is acquiring
complete ownership of the property from his grandfather, Fred, and
will be setting up the financing. This would be an ideal spot for
their business. County Road SS is built for heavy duty equipment.
Fuels, oils and grease would be kept on the site. Entered as
Exhibit #4 was a letter from Dorothy and David Nelson. Their hours
would be 7 : 00 a.m. to 5 : 00 p.m. , depending upon the day. Their
main office is located in Roberts, Wisconsin. Weiss indicated that
he would like to clean the place up and make the farm into a show
place. They will be putting the shed up, if approved by the Board
of Adjustment, or they will have to find an alternate site.
Cathy Quiggle, being duly sworn, indicated that she opposes this
application. She stated that housing along that road is mainly
small children and that it is not a very wide road. It is a danger
to the children. There is lots of housing going up now in the
area. The road has been newly repaved. She feels that they are
using this place for more than a storage yard. She is also
concerned about solvent removal and the traffic in the area.
Jim Cernahouse, being duly sworn, stated that his main concern is
that there are numerous trucks that go by that do not stop at the
stop sign by his place. He is also concerned about the operation
expanding. Nelson informed him that any expansion would have to be
approved by the Board of Adjustment.
Linda Sturtevant, being duly sworn, stated she objects to the truck
traffic. They get a lot of Bettendorf truck traffic. She won't
walk down the road anymore. She is concerned for the safety of
herself and her children. She feels this business should be in an
industrial park and that it shouldn't be in this area.
Sue Schwartz , being duly sworn, stated that she lives around the
corner on Town Hall Road. Her children roller blade and bike on
the road. She has seen the trucks on that road.
Katie Grier, being duly sworn, stated she is concerned about the
amount of traffic on the road. She doesn't feel this is an
appropriate business in this residential area. She questions the
trips the trucks make back to this site.
Brent Weiss, previously sworn, stated he will talk with his drivers
to make sure they stop at the stop signs. They will be changing
oils, tires, motors on the trucks, doing general maintenance on
their equipment. The residue from the trucks will be scrubbed off
with soap and water.
Sue Schwartz , previously sworn, stated she questioned how you can
start a business on property you don't own.
Bradley indicated that the Board will view the site and render a
decision later this date.
Darrell Dunn
Nelson indicated that this is a request for a special exception use
permit for a contractor storage yard. Mr. Dunn has a pumping
truck. He pumps out satellites and also has some satellites on
hand. Introduced as Exhibit #1 was correspondence from the Town of
Pleasant Valley approving the applicant's request for a contractor
storage yard. This is an after-the-fact application.
Darrell Dunn, being duly sworn, stated that he owns 6 1/2 acres in
Pleasant Valley Township. This is a 40' x 56' building which was
built to store septic trucks. He has two trucks, with one driver,
that being himself. One truck is for a backup. He has 30
satellites which he stores. He has been pumping septic systems for
9 years. This building is tucked in a grove of pines. He doesn't
foresee any more trucks in the future, but maybe another driver.
There may also be a chance of adding up to 50 satellites. The
waste from these satellites he land spreads in the Townships of
Kinnickinnic and Troy. To do this, he sucks lime into the truck to
stabilize the septage. This sits for half an hour before he
spreads it on.
Bradley indicated that the Board will view the site and render a
decision later this date.
Larry and Karen Peterson
Nelson indicated that this is a request for a major home
occupation. This is not a permitted use but rather a special
exception use. Introduced as Exhibit #1 was a site plan, CSM
consisting of 2 lots. Lot 3 is the residence and Lot 4 is the
machine shop; Exhibit #2 , copy of a Warranty Deed, Ken Peterson to
Larry Peterson recorded July 22 , 1994 ; Exhibit #3 , correspondence
from the Town of Hammond dated August 22 , 1994 approving the
application.
Larry Peterson, being duly sworn, stated that he would like to
build a machine shop at the site of his new residence. He has no
plans for expansion of the business at this time. The hours of his
present operation are 6 : 00 a.m. to 7 : 00 p.m. , depending on the work
load. As far as solvents are concerned, they use water soluble oil
which evaporates and goes out in the chips . The machine shop would
be 1200 square feet. He only has one incoming truck and that would
be to deliver steel . He does no welding, just machine work. This
fall they will begin construction on the house. He indicated that
he would have the appropriate extinguishing devises and eye washes
for his business.
Bradley indicated that the Board will view the site and render a
decision later this date.
Michael L. Cody
Nelson indicated than this is a request for a mini commercial
storage building. This is an after-the-fact application. The
structures are already on the site. The property in question is
zoned commercial . Nelson stated he has no exhibits on this case
and has received nothing from the township.
Michael L. Cody, being duly sworn, stated back in 1989 he rezoned
2 1/2 acres form Ag-Residential to Commercial . At that time they
included Cody's Meat Shop to eliminate the grandfather clause. At
that time they submitted blue prints for the storage units. In
1982 he put up one building with 20 units. His intentions at that
time were if the business grew he would progress with putting up
more sheds. In 1991 he put up a second shed with 20 units. In
1993 he up the third shed, 50 feet longer than the other two with
32 units. At the present time he has 72 units. This last unit is
full and he would like to carry on with building more storage
units. He indicated that each time he has built a unit he has gone
to the township to obtain a building permit. Mr. Cody was
questioned as to whether or not he was coming before the Board to
update the existing 72 units or if he was requesting additional
units at this time. Mr. Cody indicated that he would only be
updating the existing 72 units at this time. Neuman indicated that
he would like to postpone this hearing until next month due to the
fact that Mr. Hines didn't give Mr. Cody the right information for
the application. If he is asking for expansion, they would need a
new site plan. Mr. Cody indicated that if he did expand the
operation, it wouldn't be until the summer or fall of 1995 or the
following year. It was indicated to Mr. Cody that the Board would
postpone the hearing until next month for him to bring in a site
plan for the present 72 units. DILHR also requires approved
updated building plans. Mr. Cody stated that he would be willing
to come back at a later date to get approval for a 4th building.
Whereupon this matter will be continued until September in order
for Mr. Cody to come in with a site plan and State approval .
Roger and Renee Miller
Nelson indicated that this is a request for a temporary occupancy
permit and a variance from a Class D road. They would live in the
mobile home on the property until the house has been completed.
Introduced as Exhibit #1 was a diagram showing the current location
of the existing mobile home being 90 feet from the center of the
road; Exhibit #2 , blue print site plan showing a setback distance
of 57 feet from the right-of-way line, 90 feet from the center of
the road, with the leading edge of the new residence and garage,
107 feet to the existing septic system and 52 feet back to the
well ; Exhibit #3 , correspondence from the Town of Star Prairie
which states they have no objection to the variance; Exhibit #4 ,
close neighbors who have no objections to the setback request.
Roger Miller, being duly sworn, stated that they would like to
build a new home. They would not be able to meet the setbacks
required due to the contour of the land. They would like to build
the house behind where the current mobile home stands, further away
from
the road. Labeled on Exhibit #2 was "A" , where he would like
to put the mobile home and "B" , an alternate site for the mobile
home. They plan on living in the mobile home for 90 days, at the
most. Before he gets the land in his name he needs the variance.
The proposed residence will be no closer than the existing mobile
home.
Bradley indicated that the Board will view the site and render a
decision later this date.
Marion Potyondy, Donald Knea, Georgette Ehnstrom and Bill Knea
Nelson indicated that this is a request for filling and grading on
a bed of navigable water. The is a special exception use request.
The request is for adding additional rip rap on the lot.
Introduced as Exhibit #1 was a site plan; Exhibit #2 , copy of town
board minutes which approves the rip rap application. Tom Dorsey,
a member of the Bass Lake Rehabilitation District, indicated that
they support this application. Nelson indicated that he has
received a verbal from DNR. They oppose extending the rip rap any
further out into the lake.
Marion Potyondy, being duly sworn, indicated that they have lost 5
feet of shore. This was the old original shoreline. Introduced as
Exhibit #3 was a letter dated 7/19/94 from Dan Koich, DNR, which
indicated that they have no problems with additional rip rap on the
shoreline. Nelson indicated that on August 15, 1994 he and Dan
Koich visited the site and at that time Mr. Koich was concerned
with projecting further out into the lake.
Bass Lake Rehabilitation District expressed concern about the
application and stabilizing the lake. They feel it would be
valuable to Bass Lake if they proceed with adding additional rip
rapping.
Potyondy stated they would like to extend 3 feet further out from
where it is at now. The last time they did rip rapping was in
1986. Introduced as Exhibit #4 was correspondence dated 11/12/86
from Dan Koich to Harold Barber; Exhibit #5 , correspondence dated
October 12 , 1989 to Ed Berget from Dan Koich. Ms. Potyondy
indicated that she called the DNR office and then called Tom
Nelson. They got the okay from DNR. Her brother called the Zoning
Office and was told they needed to go in front of the Somerset
Board. They went before the Somerset Board who didn't know why
they were even there.
Nelson indicated that Dan Koich expressed concern when Koich
reviewed the plans which the applicant sent to the Zoning Office
who in turn sent them to Koich. Potyondy stated that they just
want to reestablish the rip rap which was eroded.
Nelson indicated that both he and Koich support stabilizing the rip
rap.
Bradley indicated that the Board will view the site and render a
decision later this date.
Jeffrey, Charles and Robert Wahlquist
Nelson indicated that this was a request for a variance/setback
from a Class D road. The ordinance requires 133 feet from the
center of the road. The request is 105 feet on 200th Street and
128 feet from 60th Street. This is a corner area, a double
request. Introduced as Exhibit #1 was a site plan. They also have
a 42 ' x 112 ' 1 story barn 86' from the center of 60th Street. They
are requesting a 20' x 40' silo to be 73 feet from the center of
60th Avenue. They also have a 14 ' x 40' silo presently at this
site. Exhibit #2 , correspondence from the Town or Rush River
supporting this request.
Charles Wahlquist and Jeffrey Wahlquist, being duly sworn, stated
this is a request for a 20' x 40' steel silo unit for high moisture
corn. They will be blowing corn into the silo. It would be
convenient for this silo to be placed there as it is close to the
feed room and they don't feel there is an alternate site for a silo
at this time. No silos will be needed closer to the road. They
presently milk 50 cows and have 8 to 10 dry. They would not be
expanding any bigger at this site due to there not being enough
room.
Bradley indicated that the Board will view the site and render a
decision later this date.
Jim Doornink/Jon-De Farm, Inc.
Nelson indicated that this is a request for filling and grading on
a bed of navigable water. This is a special exception use permit
request. Introduced as Exhibit #1 was a site plan showing the
location of the proposed ford. This would be 300 feet from County
Road Y and 300 feet from the p roperty line; Exhibit #2 ,
correspondence from DNR, Dan Koich, supporting this request;
Exhibit #3 , correspondence from the Town of Rush River supporting
this request; Exhibit #4 , another piece of correspondence from the
Township supporting this application.
Jim Doornink, being duly sworn, stated that this project would be
on the Rush River. There is water standing there, but not flowing.
The water table is high there. They would be digging out no more
than 2 feet and putting down anywhere from 2 to 8 inches of rock
down so they can cross over the Rush River. There are detailed
conditions by the DNR that they need to follow. They need this
crossing as they have 7 acres of land across the Rush River which
is farmable.
Bradley indicated that the Board will view the site and render a
decision later this date.
DECISIONS
Having completed the hearing testimony, the board visited each site
in question. Upon completion, the following decisions were
rendered:
Asphalt Associates/Phil Linehan
Motion by Bradley, seconded by Dorsey approving the application for
a contractor storage yard with the followin g conditions: 1
) They
can store up to 15 yards of raw materials on the property; 2) They
may have up to 7 trucks parked on the property; 3) County Trunk SS
is to be the primary route of travel for ingress and egress; 4) No
hazardous materials are to be stored on the site; 5) Ownership of
the property is to be completed by May of 1995. A role call vote
was taken: Neuman, yes; Dorsey, yes; Filipiak, yes; Bradley, yes.
Motion carried.
Darrell Dunn
Motion by Bradley, seconded by Dorsey approving the application for
a contractor storage yard with the conditions that there is to be
screening on the east property line, they can only have 2 trucks
and they can store up to 50 satellites. Role call vote: Filipiak,
Y es; Neuman, Y es; Dorsey, Y es; Bradley, Y es. Motion carried.
Larry K. and Karen D. Peterson
Motion by Bradley, seconded by Dorsey approving the major home
occupation with the conditions that solvents are to be properly
disposed of and all materials must be stored inside. Role call
vote: Dorsey, yes; Neuman, yes; Filipiak, yes; Bradley, yes.
Motion carried.
Michael L. Cody
This matter is postponed until next month in order for Mr. Cody to
bring in a site plan and State approval for the existing 72 units.
Roger and Renee Miller/Francis Mondor
Motion by Neuman, seconded by Dorsey approving the temporary
occupancy permit and setback from a Class D road request with the
condition that the eave of the house be no closer than 90 feet from
the center of the road and the temporary occupancy permit is only
good for 120 days. Roll call vote: Filipiak, yes ; Neuman, yes ;
Dorsey, yes; Bradley, yes. Motion carried.
Marion Potyondy, Donald Knea, Georgette Ehnstrom and Bill Knea
Motion by Dorsey, seconded by Bradley approving the request for
filling and grading on a bed of navigable water with the condition
that the rip rap extend to the toe of the existing rip rap with
only hard lime rock or fieldstone. No sandstone is to be used.
Role call vote: Dorsey, yes; Filipiak, yes; Neuman, yes ; Bradley,
yes . Motion carried.
Jeffrey Charles and Robert Wahlquist
Motion by Bradley, seconded by Dorsey to approve the variance
request for a setback from a Class D road with the condition that
they notify the Zoning Office before starting this project and
after completion of the project. Role call vote: Neuman, yes;
Filipiak, no; Dorsey, yes; Bradley, yes. Motion carried.
Jim Doornink/Jon-De Farm, Inc.
Motion by Filipiak, seconded by Neuman approving the request for
filling and grading on a bed of navigable water with the conditions
that they are to follow the DNR regulations and are also to contact
the Zoning Office before starting this project and upon completion
of said project. Role call vote: Neuman, yes; Filipiak, yes;
Dorsey, yes; Bradley, yes. Motion carried.
Respectfully submitted:
Z�UN/ri
erome Neuman, Secretary
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